Search for: "LANZA v. WAGNER"
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22 Dec 2009, 3:26 am
"It was error to dismiss the first cause of action merely because plaintiff is not entitled to the declaration he seeks (see Lanza v Wagner, 11 NY2d 317, 334 [1962], cert denied 371 US 901 [1962]); the proper course is to declare in favor of defendants (see Holliswood Care Ctr. v Whalen, 58 NY2d 1001, 1004 [1983]; Mongelli v Sharp, 140 AD2d 273 [1988]). [read post]
8 Dec 2022, 9:39 am
” As noted, the Appellate Division went on to uphold the lower court but also modified the decision by specifying “we modify the order and judgment by adding thereto a provision declaring that the zoning amendments are not invalid as arbitrary and unconstitutional (see Lanza v Wagner, 11 NY2d 317, 334). [read post]
4 Jan 2014, 9:47 am
Christopher Wagner, C.A. [read post]
